STATE Vs. T. MANJUNATH AND ORS.

JUDGEMENT

(1.) THE judgment and order of acquittal dated 27.1.2011 passed by the 13th Fast Track Court, Bangalore City, passed in SC. No. 708/2010, is appealed against by the State.

(2.) CASE of the prosecution in brief is that accused No. 1 Manjunatha @ Manja is a friend of the complainant -Purushotham (P.W.1); complainant was engaged in the work of laying the tiles by Dr. Rohit, who was constructing a building at Malleswaram, Bangalore; complainant had introduced accused No. 1 to Dr. Rohit; accused No. 1 was entrusted with the duty of carpentry work by Dr. Rohit, since he was introduced by the complainant to Dr. Rohit. However, after some time, accused No. 1 did not proceed with the carpentry work in the said building; he left with the job; however his tools remained in the building of Dr. Rohit; after some time, accused No. 1 tried to secure his tools from the said building, but the owner of the building i.e., Dr. Rohit did not permit him to take back his tools on the ground that he had not given accounts in respect glasses to be fixed to the doors and windows of the building of Dr. Rohit; in that regard, accused No. 1 was unhappy and he told the complainant (P.W.1) that he should get back his tools; he had even threatened P.W.1 with dire consequences in case if the tools are not returned to him; however, P.W.1 assured that he will get the tools returned from Dr. Rohit after some time; in the meanwhile, i.e., on 3.2.2009 at about 8.15 a.m. when P.W.1 was proceeding from his house to the workplace on the motorcycle along with his co -workers, three persons waylaid the motorcycle of P.W.1 and assaulted P.W.1 with choppers, consequent upon which P.W.1 sustained three injuries, out of them one is grievous in nature; after hearing hue and cry, P.W.3, wife of P.W.1 came to the spot and shifted the complainant to Chord Road Hospital, wherein he took treatment for seven days as an inpatient; in the meanwhile, PSI -P.W.11 attached to Basaveswaranagar Police Station came to the hospital at 10.45 a.m. on 3.1.2008 and recorded the statement of P.W.1 as per Ex. P1, based on which Crime No. 38/2009 is registered; the FIR was sent to jurisdictional Magistrate as per Ex. P3 which reached the jurisdictional Court at 2.00 p.m; P.W.9, the Inspector of Police, Basaveswaranagara Police Station completed the investigation and laid the charge sheet.

(3.) SRI Nageshwarappa, learned Government Pleader taking us through the material on record and the judgment of the Court below submitted that the trial Court is not justified in acquitting the accused; the evidence of P.W.1 brings home guilt as against accused No. 1; the appreciation of the evidence by the Court below is improper and incorrect and consequently, the same has resulted in injustice. He further submits that the Court below has given major importance to minor variations in the evidence of the prosecution witnesses; there is no reason as to why P.W.1 should depose falsely before the Court if he is really not injured.